In today`s digital age, privacy and confidentiality have become key concerns for both individuals and businesses. With an increasing amount of personal and sensitive information being shared online, it`s important to have a strong privacy and confidentiality agreement in place to protect yourself and your business.
A privacy and confidentiality agreement, also known as a non-disclosure agreement (NDA), is a legal document that outlines the type of information that is confidential and how it should be treated. This document is typically used when sharing sensitive information with employees, contractors, partners, or other third parties.
To make things easier for you, we`ve provided a privacy and confidentiality agreement sample that you can use as a template or reference when creating your own NDA:
PRIVACY AND CONFIDENTIALITY AGREEMENT
This Agreement (“Agreement”) is made on the date of signing by and between [Company Name] (hereinafter referred to as “Disclosing Party”) and [Recipient Name] (hereinafter referred to as “Recipient”).
WHEREAS, the Disclosing Party desires to disclose certain information (hereinafter referred to as “Confidential Information”) to the Recipient for the purpose of [insert purpose]; and
WHEREAS, the Disclosing Party wishes to ensure the protection of its Confidential Information and prevent any unauthorized disclosure of such information.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows:
1. Definition of Confidential Information
The term “Confidential Information” refers to any information or materials that are not generally known to the public, including but not limited to trade secrets, proprietary information, customer lists, financial data, business plans, and any other information that is marked or designated as “confidential.”
2. Obligations of Recipient
The Recipient agrees to maintain the confidentiality of the Confidential Information and to use the Confidential Information solely for the purpose of [insert purpose]. The Recipient agrees to take all reasonable precautions to protect the Confidential Information, including but not limited to implementing appropriate security measures and limiting access to the Confidential Information to only those individuals who have a need to know.
The obligations of the Recipient under this Agreement do not apply to any information that:
a. is already in the public domain at the time of disclosure;
b. becomes part of the public domain through no fault of the Recipient;
c. was lawfully obtained by the Recipient from a third party without any obligation of confidentiality;
d. is independently developed by the Recipient without the use of or access to the Confidential Information; or
e. is required by law or court order to be disclosed.
4. Term and Termination
This Agreement shall remain in effect for a period of [insert time period] from the date of signing. Either party may terminate this Agreement at any time with written notice to the other party. The Recipient shall return or destroy all Confidential Information upon request or termination of this Agreement.
This Agreement represents the entire understanding of the parties with respect to the subject matter hereof and supersedes all prior negotiations, understandings, and agreements between the parties. This Agreement shall be governed by and construed in accordance with the laws of [insert governing law]. Any disputes arising under this Agreement shall be resolved by arbitration in accordance with the rules of the American Arbitration Association.
In conclusion, a privacy and confidentiality agreement is a vital tool that enables businesses and individuals to protect sensitive information from unauthorized disclosure. By using our privacy and confidentiality agreement sample, you can create a legally binding document that safeguards your confidential information, sets clear expectations for all parties, and provides a framework for resolving disputes.